Post by coots on Apr 2, 2014 13:26:01 GMT -5
newsday
DA: Police Officer Won't Face Criminal Charges in Fatal Shooting of Hofstra University Student
Hofstra student Andrea Rebello, 21, was accidentally shot and killed on May 17, 2013 by a Nassau police officer during an off-campus hostage standoff. Dalton Smith, 30, of Hempstead, was identified by Nassau County Police as the armed gunman also killed by police in the home invasion that resulted in Rebello's death
A prosecutor's review of the police shooting that killed Hofstra student Andrea Rebello and the ex-convict who allegedly took her hostage during a May 2013 home invasion has concluded the police officer who fired the fatal shots won't face criminal charges.
The report from Nassau County District Attorney Kathleen Rice's office follows a review of whether police personnel acted appropriately during the deadly confrontation.
"This investigation has determined that a criminal prosecution of Officer Budimlic is not warranted," the report says of Nikolas Budimlic, also offering the first official confirmation of the identity of the Nassau County police officer who fired the shots.
"Officer Budimlic reasonably perceived threats of deadly force against himself and others and acted acccordingly," the report concludes later. "Though the results were unquestionably tragic, criminal charges under these circumstances would be inappropriate and legally unsustainable."
Rebello's family previously filed notice that they plan to sue the county and its police force for wrongfully causing the 21-year-old student's death.
Authorities have said the May 17 incident began when an armed gunman barged into the off-campus rental home in Uniondale that Rebello shared with her twin sister and others, taking four students hostage while demanding cash and valuables.
Police said an officer responding to a 911 call opened fire after confronting a suspect they identified as parolee Dalton Smith, a 30-year-old Hempstead ex-convict.
Smith was holding Rebello in a headlock while putting a gun to her head, according to authorities.
The officer pulled the trigger after Smith then pointed the gun at him, according to police.
Seven bullets hit Smith and one hit Rebello, both of whom died as a result, according to authorities.
Late last year, a police source told Newsday that the Nassau County Police Department's deadly force investigators found Budimlic was justified in shooting both Rebello and Smith. The police agency hasn't made any findings public.
The Rebello family first raised questions about the shooting shortly after it happened. They've also sought access to all records related to the student's death in other State Supreme Court filings while preparing to file their civil action.
Since then, their attorney has accused Nassau officials of hiding behind legal exemptions -- including by saying the homicide investigation is ongoing -- to avoid public accountability.
However, Nassau officials have said they've complied with requests for records that aren't exempt from disclosure by law. They argued in a January court filing that Rebello's family already has access to a lot of evidence and more disclosures would interfere with the police probe.
Didn't this mutt follow them home form a bar in Hempstead ? Hanging out in a bar in Hempstead of all places, what's wrong with an E. Meadow bar?
DA: Police Officer Won't Face Criminal Charges in Fatal Shooting of Hofstra University Student
Hofstra student Andrea Rebello, 21, was accidentally shot and killed on May 17, 2013 by a Nassau police officer during an off-campus hostage standoff. Dalton Smith, 30, of Hempstead, was identified by Nassau County Police as the armed gunman also killed by police in the home invasion that resulted in Rebello's death
A prosecutor's review of the police shooting that killed Hofstra student Andrea Rebello and the ex-convict who allegedly took her hostage during a May 2013 home invasion has concluded the police officer who fired the fatal shots won't face criminal charges.
The report from Nassau County District Attorney Kathleen Rice's office follows a review of whether police personnel acted appropriately during the deadly confrontation.
"This investigation has determined that a criminal prosecution of Officer Budimlic is not warranted," the report says of Nikolas Budimlic, also offering the first official confirmation of the identity of the Nassau County police officer who fired the shots.
"Officer Budimlic reasonably perceived threats of deadly force against himself and others and acted acccordingly," the report concludes later. "Though the results were unquestionably tragic, criminal charges under these circumstances would be inappropriate and legally unsustainable."
Rebello's family previously filed notice that they plan to sue the county and its police force for wrongfully causing the 21-year-old student's death.
Authorities have said the May 17 incident began when an armed gunman barged into the off-campus rental home in Uniondale that Rebello shared with her twin sister and others, taking four students hostage while demanding cash and valuables.
Police said an officer responding to a 911 call opened fire after confronting a suspect they identified as parolee Dalton Smith, a 30-year-old Hempstead ex-convict.
Smith was holding Rebello in a headlock while putting a gun to her head, according to authorities.
The officer pulled the trigger after Smith then pointed the gun at him, according to police.
Seven bullets hit Smith and one hit Rebello, both of whom died as a result, according to authorities.
Late last year, a police source told Newsday that the Nassau County Police Department's deadly force investigators found Budimlic was justified in shooting both Rebello and Smith. The police agency hasn't made any findings public.
The Rebello family first raised questions about the shooting shortly after it happened. They've also sought access to all records related to the student's death in other State Supreme Court filings while preparing to file their civil action.
Since then, their attorney has accused Nassau officials of hiding behind legal exemptions -- including by saying the homicide investigation is ongoing -- to avoid public accountability.
However, Nassau officials have said they've complied with requests for records that aren't exempt from disclosure by law. They argued in a January court filing that Rebello's family already has access to a lot of evidence and more disclosures would interfere with the police probe.
Didn't this mutt follow them home form a bar in Hempstead ? Hanging out in a bar in Hempstead of all places, what's wrong with an E. Meadow bar?
